Division Bench disposed of withdrawn writ appeal regarding vehicle registration transfer, ordering deposited sale consideration funds transferred to Kerala High Court Mediation and Conciliation Centre.
Writ appeal disposed of as withdrawn; interim order made absolute subject to transfer of deposited funds to Mediation Centre.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY ,THE 25TH DAY OF JANUARY 2019 / 5TH MAGHA, 1940
WA.No. 1312 of 2012
AGAINST THE ORDER/JUDGMENT IN WPC 12658/2012 of HIGH COURT OF KERALA DATED 07-06-2012
APPELLANT/S:
RASOOL M.B AGED 38 YEARS
S/O BEERASA, MUNDAKAL HOUSE, PALLURUTHY, P.O, KOCHI.
BY ADV. SRI.SAIGI JACOB PALATTY
RESPONDENT/S:
REPRESENTED BY SECRETARY, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
OTHER PRESENT:
SRI V.K SHAMSUDHEEN SR GP
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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JUDGMENT
Vinod Chandran, J
There is a request made on behalf of the learned Counsel appearing for the appellant that the writ appeal may be permitted to be withdrawn as not pressed. The learned Government Pleader however, points out that there is an interim order by which the appellant was asked to remit an amount of Rs.1,50,000/- and there should be some orders as to how the said funds are to be utilised.
2. Writ appeal was filed by the appellant seeking transfer of registration of a vehicle and also issuance of fresh registration certificate. The learned Single Judge who considered the issue found that though the transfer of documents are produced, the dates differ and admittedly the petitioner has not satisfied the entire sale
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consideration payable to the registered owner. The writ petition was dismissed.
3. On appeal filed a Division Bench of this Court directed the police to verify the whereabouts of the seller and it was reported that he was absconding. In such circumstances, by a subsequent interim order, this Court directed deposit of Rs.1,50,000/- which was the balance sale consideration and on deposit of the same before this Court, directed the respondent authorities to transfer the registration and issue a fresh registration certificate. The appellant has deposited the said amounts which is evidenced by a receipt dated 23.01.2013 in the name of the Registrar General, High Court of Kerala, Ernakulam.
4. The appellant as of now is no longer
interested in the litigation nor does he raise a claim for the money. The original owner has also not raised any claim in all these years for the
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balance sale consideration. In such circumstances, we do not think that the writ appeal has to be kept pending especially since the appellant seeks withdrawal of the same. As already submitted by the learned Senior Government Pleader, we have to pass orders on how the funds deposited has to be utilised.
5. We notice that the Division Bench had while directing deposit of Rs.1,50,000/- also observed that if no claim is made, the said amounts can be paid over to the Legal Services Authority or the Mediation Centre or any other agency as the Court deems it fit. We are of the opinion that the amounts can be paid over to the Kerala High Court Mediation and Conciliation Centre. The Registrar shall take steps to transfer the amounts so deposited in the account of the Registrar General to the Kerala Mediation and Conciliation Centre, High Court of Kerala.
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Writ Appeal would stand disposed of as withdrawn making the interim order absolute, but
with the above observation of transfer of funds from the account of the Registrar General, High Court of Kerala to the account of the Kerala Mediation and Conciliation Centre, High Court of
Kerala.
Sd/K. Vinod Chandran, Judge
Sd/Ashok Menon, Judge
jma
Rasool M.B
The Joint Regional Transport Officer, Guruvayoor
State of Kerala
K. Vinod Chandran
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
